A prohibited man found with firearms and ammunition will spend less time behind bars after he successfully appealed his sentence in the County Court at Ballarat.
Travis Scott, 33, was sentenced to 21 months’ jail with a non-parole period of 14 months in the magistrates court on December 19.
But after Scott submitted the sentence was excessive and the principal totality was not properly considered, Judge Michael McInerney reduced his sentence by four months on Wednesday.
The court was told Scott was sentenced to nine months’ jail in June 2017 and the firearm offences, from October 13, 2016, could have been dealt with at the same time.
He was charged with the firearm offences after an incident at a Ballarat East home on October 13, 2016, which lead police to execute a search warrant at Scott’s home.
During the search police located ammunition, a homemade pistol and an imitation shotgun, and two sawn-off shotguns under a mattress.
Scott’s barrister told the court her client had been sentenced to nine months’ jail, followed by 21 months’ jail in one year.
“This is excessive. The appellent says the principal totality was not properly considered,” she said.
She said Scott had spent 16 months continuously in prison and his mother and grandmother had died during that time.
Crown prosecutor Patrick Bourke reminded the court the condition the weapons and ammunition were in when located.
He said the ammunition was stored in a bag for easy access by Scott or another person, while the firearms were operational.
“We call for a more serious disposition. They are serious firearms,” Mr Bourke said.
Judge Michael McInerney reduced Scott’s sentence to 16 months’ jail with a non-parole period of 10 months. He has already served 224 days pre-sentence detention.
Scott pleaded guilty to six charges in the magistrates court, including being a prohibited person possessing a firearm.
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